March 1650: An Act for the selling Fee-farm Rents belonging to the Commonwealth of England, formerly payable to the Crown of England, Dutchy of Lancaster, and Dutchy of Cornwal.

March, 1650

[11 March, 1649/50.]

Fee-farm rents, &c. of the Crown vested in Trustees, for sale.; Trustees names.

For supply of the Assessments lately abated by Parliament, preventing of Free-quarter, carrying on of the War of Ireland, and for supplying the extraordinary expences of the Navy this present year, and other emergent Affairs of this Commonwealth, Be it Enacted by this present Parliament, and by Authority thereof, That all the Fee-farm Rents, Tenths or Rents reserved, Dry-rents, Hundreds, Liberties, Bailywicks, Reservations, Conditions, Franchises and Pensions, other then such Tenths and Pensions as are setled upon Trustees by the Act Entituled, An Act for providing Maintenance for Preaching Ministers, and other Pious Uses, issuing out of any Manors, Lands, Tenements or other Hereditaments being within England, Wales, and the Town of Berwick upon Tweed, belonging to the Commonwealth of England, and heretofore due and payable unto any King or Queen of England, Prince of Wales, Duke of Lancaster, Duke of Cornwal, Earl of Chester, or any of them, and not lawfully granted away from them, or by them, according to the Laws of this Nation, at or before the First day of January, Anno Dom. One thousand six hundred forty and one, be and are hereby vested, setled, adjudged and deemed to be, and are hereby in the real and actual possession and seisin of Thomas Coke of Pedmarsh in the County of Essex, Esq; William Bosevile Esq; John Sparrow of Gestrop in the County of Essex, Esq; William Kenrick of in the County of Kent, Esq; Ralph Harrison of the City of London, Esq; William Scot of the Inner Temple London, Esq; William Steel Esq; Recorder of London, Silvanus Taylor of Westminster, Esq; Thomas Hubbard of Moorfields in the County of Middlesex, Esq; Cornelius Coke of the Borough of Southwark, Esq; Sir Henry Holcroft of Longacre in the County of Middlesex, John Hunt of London Gent. Sir Edward Barkham Baronet, Sir William Roberts, John Humphreys Esq; Thomas Ayres Esq; John White Esq; James Stockal Esq; Edward Cresset Gent. Sir Richard Saltonstal Knight, Danel Searl Merchant, Nicholas Lampriere Esq; Nicholas Bond Esq; Richard Sidenham Esq; and Robert Fenwick Esq; the Survivors and Survivor of them, their Heirs and Assigns, Any Law, Statute, Usage or Custom to the contrary in anywise notwithstanding. Nevertheless, upon trust and confidence that the said Thomas Coke, and other the persons aforenamed, or any five or more of them, shall have, hold and enjoy all and singular the premises and every of them, subject to such trust and uses as by this Act is, and by the Authority of Parliament further shall be declared and appointed, and shall dispose of the same accordingly.

Their power to sell and convey.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawfull to and for the said Thomas Coke, and other the persons beforenamed as Trustees, or any five or more of them, to put to sale, contract, sell and convey all and every the premises unto any person or persons, Bodies Politique or Corporate, their Heirs, Successors and Assigns, as shall be Purchaser or Purchasers thereof, or of any part or parcel thereof, by such Deed or Deeds, Writing or Writings, Conveyance or Conveyances under their Hands and Seals as shall be convenient, to the several Cases and Titles of such Purchaser or Purchasers, their Heirs, Successors and Assigns respectively, upon such particular, or certificate and value as shall be certified unto them from and by the Clerk of the Pipe, and the respective Auditors before whom the same or any part thereof is in charge respectively.

Tenant right, thirty days.

Provided, That the said Trustees shall not Treat or Contract with any person or persons, Bodies Politique or Corporate, other then with the immediate Tenant or Tenants of the premises which he or they hold, for the space of Thirty days, to be accounted from the First day of April, One thousand six hundred and fifty.

Not to sell under Eight years purchase.

And it is further Enacted, That the said Trustees shall not sell any of the premises under the rate of Eight years Purchase, according to the Certificate made unto them as aforesaid; and that all sums of Money so contracted for, shall be paid in maner following; that is to say, Three pence upon every pound so contracted for, presently at the making of the said Contract, which shall be allowed in part of the Sum contracted for, to be distributed amongst the said Trustees, Contractors, Treasurers, Register and Comptroller, in lieu of their Salaries for themselves and their Clerks appointed by this Act, in such proportion as the Committee for Obstructions constituted by this Act shall appoint; and one moyety of the Remainder within Thirty days after the said Contract, and the other moyety within Two moneths, after the said Thirty days: And if any default be made in any the said payments, then the said Contract to be Null and void, and the former Sums paid to be forfeited for the benefit of the Commonwealth; and if any shall pay in their whole sum within Thirty days, then to discount to such person after Eight pounds per Centum for the same.

Liberties and powers given to Purchasers.

And it is further Enacted, That all person or persons, Bodies Politique or Corporate, that shall purchase any of the premises (except before excepted) shall have all lawful ways and means to come by the same, as any King or Queen of England might have formerly recovered, distrained, or come by the same; be it by distraining in all such Lands as the King might have distrained for the same, if the same had been then in arrear and due unto the King; or by the ways and means of the Exchequer, or otherwise in any lawful way or maner whatsoever; and shall have the benefit of all forfeitures, Nomine pœnœ's, advantage of distresses, liberties and powers to distrain, and to detain, sell or dispose of the same, as fully and as largely as any King might have had or done, if the same had been then in arrear or due unto him; and shall have the like Action, Suit and means for recovery of the same, by reason or pretext of any Grant, Covenant, Reservation, Provision or Condition, for recovery and levying of the same, as any King might have had if the same had been then in arrear and due unto such King: And all Officers are hereby authorized and required to award and allow proces and proceedings therein accordingly.

Henry Colbron appointed Register; Registers Clerk

And be it further Enacted by the Authority aforesaid, That Henry Colbron shall be Register, and have the custody and keeping of ali Certificates and Particulars upon which any Contract shall be made and the Contract thereupon made, and the Counterpart of such Conveyance which shall be sealed and executed by such Purchaser, and Copies of Records, and other things concerning the same, that shall at any time be sent and delivered unto him or the said Trustees; and after full payment of the several Sums of money, according to the maner aforesaid, shall or may deliver unto the said Purchaser or Purchasers true Copies thereof; which being testified under the Hands and Seals of the said Trustees, or any five or more of them, shall be a sufficient Testimony in Evidence, as any Deed enrolled by the Statute of the Twenty seventh of Henry the Eighth, for Inrolment of Deeds, is or ought to be; And the said Register shall cause one or more able and sufficient Clerk, such as the said Trustees shall approve of, to be attending on them at all their meetings, and to enter their Orders and proceedings, and to observe and obey such Commands and Directions concerning the premises, as they or any five or more of them shall direct and appoint. And the said Books of Entries shall remain in the custody of the said Register. Provided, That no Copies of the said Entries be taken out of the said Book, but by th said Register or his Deputy, or the said Clerk, who are to have the use of them for that purpose; And that the said Register and his Deputy for the time being, and the said Clerk, shall severally take before three of the said Trustees, the Oath hereafter appointed.

No Trustee to purchase any part of the premises.

And be it further Enacted, That none of the said Trustees, or any other to their or any of his or their use or uses, or in trust for them or any of them, directly or indirectly, shall or do purchase the said premises, or any part thereof, upon forfeiture for the use of the Commonwealth, of his or their Estate so purchased, and the Moneys paid or to be paid for the same, except they be at the passing of this Act very Tenants of the Lands, Tenements or Hereditaments out of which the said Rents are issuing, who thereupon may be Purchasers, according as shall be ordered and appointed by the Committee of Obstructions hereafter constituted and appointed.

Committee for removing Obstructions

And be it further Enacted, for removing Obstructions that may arise in and concerning the premises, or any part of them, That the persons nominated to be a Committee for removing of Obstructions in the Sale of the Lands of the late Deans, Deans and Chapters, by an Act of this present Parliament, published in Print the Twentieth of June, One thousand six hundred forty and nine, or any five or more of them, be, and are hereby impowered and authorized to be a Committee for removing Obstructions in the sale of the premises hereby appointed to be sold; and in reference thereunto, shall have and exercise all and every the Powers given to any Committee of Obstructions by any Ordinance or Act of this present Parliament.

Committee for the publique Revenue.

And be it further Enacted by the Authority aforesaid, That the Committee for the publique Revenue, during the time the said premises or any part of them shall remain unsold, shall and may proceed in gathering, obtaining and receiving of the said Fee-farm Rents and premises, in such manner, and by such means as formerly they have used to do.

Treasurers names.

And it is further Enacted, That Sir John Wollaston Knight, Alderman of the City of London, Thomas Andrews, John Dethick and Francis Allen, Aldermen of the said City, shall be Treasurers for the said moneys arising by vertue of this Act; and that they or any two of them are hereby impowered and authorized to receive all such sum and sums of money, as from time to time ought to be paid in to the Treasury by vertue of this Act, which shall be issued and paid according to such Rules, Directions and Instructions, as from time to time they shall receive from the Parliament, or by authority thereof.

Henry Robinson Comptroller.; Ord. 16 Nov. 1646.

And be it further Enacted, That Henry Robinson Merchant, shall be Comptroller of all Entries, Receipts and Payments which shall be made to or by the said Treasurers; and shall have power and authority by himself or his sufficient Deputies, to keep accompt of all Entries, Receipts, Payments, Defalkations and Discounts whatsoever, which shall be made unto or by the said Treasurers; And the said Comptroller and his Deputies, shall execute the said place of Comptroller in relation to the said premises, according to such Instructions and Directions as are given to the Comptroller for the Receipts of Bishops Lands, by an Ordinance of Parliament of the Sixteenth of November, One thousand six hundred forty and six, and according to such further Instructions as shall from time to time be given by Parliament, or authority thereof.

Oath.; Worcester house.

And be it further Enacted by the authority aforesaid, That the said Register and Comptroller shall take the several Oathes respectively expressed in an Act of this present Parliament, Entituled, An Act of the Commons in Parliament assembled, for sale of the Honors, Manors and Lands heretofore belonging to the late King, Queen and Prince. And it is further Enacted by the authority aforesaid, That Worcester-house, or some other place, as the said Trustees shall think fitting, shall be the place where the said several persons shall and may transact the said service, and put in execution this Act.